OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS (SECTION 268- 294A) CHAPTER- XIV, The Indian Penal Code, 1860

SECTION 268: PUBLIC NUISANCE

The word ‘nuisance’ is derived from French word “nuire” means “to injure”, hurt or harm,

Essentials to constitute public nuisance:

• An act or illegal omission, causing any common injury, danger or annoyance,
• To the public or people-
  • People in general ( annoyance should be injurious to public within its range of operation, it is sufficient to affect people in general who dwell in the vicinity and not “sin quo non”, to affect every member of public within its range of operation) or
  • May use any of his public right (annoyance must have affected, legitimate enjoyment of his legal right).
• Cannot be excused of:
  • Convenience or
  • Advantage

SECTION 269: NEGLIGENT ACT LIKELY TO SPREAD INFECTION OF DISEASE DANGEROUS TO LIFE

OFFENCE:

• Act, committed unlawfully or negligently,
• With knowledge or reason to believe,
• Which likely spread the infection of any disease, dangerous to life.

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine or
• Both.

SECTION 270: MALIGNANT ACT LIKELY TO SPREAD INFECTION OF DISEASE DANGEROUS TO LIFE

OFFENCE:

• An act, committed malignantly,
• With knowledge or reason to believe,
• Which likely spread the infection of any disease, dangerous to life.

PUNISHMENT:

• Imprisonment, which may extend to 2 years or
• Fine or
• Both.

SECTION 271: DISOBEDIENCE TO QUARANTINE RULE

OFFENCE:

• Knowingly, disobeys any rule made and promulgated by the government, regarding-
  • Putting any vessel into a state of quarantine or
  • Regarding the intercourse into a state of quarantine or with other vessels or
  • Regarding the intercourse between places where an infectious disease prevails and other places.

PUNISHMENT:

• Imprisonment, which may extend to 6 months,
• Fine or
• Both.

SECTION 272: ADULTERATION OF FOOD OR DRINKING INTENDED FOR SALE

OFFENCE:

• Adulterating any article of food or drink,
• To make such article noxious as food or drink,
• Intends to sell or knowing it to be likely that the same will be sold as food or drink.

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both.

SECTION 273: SALE OF NOXIOUS FOOD OR DRINK

OFFENCE:

• Selling, offering or exposes for sale as food or drink,
• Any article which-
  • Has rendered or has become noxious or in state, unfit for food or drink or
  • Having knowledge, of likely the same would be sold as food or drink.

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 274: ADULTRATION OF DRUGS

OFFENCE:

Adultery, of any drug or medical preparation,

• In manner as to-
  • Lessens the efficacy or
  • Change the operation of such drugs or medical preparation or
  • To make it noxious.
• With intent to:
  • Sell or use for medical purpose or
  • Knowing it to be, likely that it will be sold or used for a medical purpose and portraying of no such adulteration undertaken.

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 275: SALE OF ADULETRATED DRUGS

OFFENCE:

• Having knowledge of any drug or medical preparation, to be adulterated,
• In manner as:
  • To lessen its efficacy or
  • To change it operation or
  • To render it noxious.
• Same to be:
  • Sell or
  • Offered or
  • Exposed for sale or
  • Issued it from dispensary.
• Causing:
  • To be used for medical purposes,
  • By any person unknown of the adulteration.
• To portray it to be, unadulterated.

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 276: SALE OF DRUG AS A DIFFERENT DRUG OR PREPARATION

OFFENCE:

• Any drug or medical preparation,
• Knowingly, selling or offering or exposing for sale or issuing from a dispensary for medical purposes,
• As a different drug or medical preparation

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 277: FOULING WATER OF PUBLIC SPRING OR RESERVOIR

OFFENCE:

• Voluntarily, corrupting or fouling the water, of any public spring or reservoir
• To render it or less fit purpose, comparative to which it is ordinarily used.

PUNISHMENT:

• Imprisonment, which may extend to 3 months,
• Fine, which may extend to 500 Rupees or
• Both

SECTION 278: MAKING ATMOSPHERE NOXIOUS TO HEALTH

OFFENCE:

• Voluntarily, vitiates the atmosphere in any place,
• To make it noxious to the health of persons-
  • In general dwelling or
  • Carrying on business in neighborhood or
  • Passing along a public way.

PUNISHMENT:

• Fine, which may extend to 500 Rupees

SECTION 279: RASH DRIVING OR RIDING ON A PUBLIC WAY

OFFENCE:

• Driving any vehicle or riding on any public way,
• In manner-
  • So rash or negligent,
  • As to endanger human life to cause hurt or injury to any other person

PUNISHMENT

• Imprisonment, which may extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 280: RASH NAVIGATION OF VESSEL

OFFENCE:

• Navigating any vessel
• In manner-
  • So rash or negligent,
  • As to endanger human life or to be likely to cause hurt or injury to any other person.

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 281: EXHIBITION OF FALSE LIGHT, MARK OR BUOY

OFFENCE:

• Exhibiting any false light, mark or buoy,
• With intent or knowledge, it to be likely to mislead any navigator.

PUNISHMENT:

• Imprisonment, which may extend to 7 years or
• Fine or
• Both

SECTION 282: CONVEYING PERSON BY WATER FOR HIRE IN UNSAFE OR OVER LOADED VESSEL

OFFENCE:

• With knowledge, or in negligence,
• Conveys or causes to convey, for hire of any person,
• By water, in any vessel,
• When, such vessel is in such a state or so loaded as to endanger the life of that person.

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Fine

SECTION 283: DANGER OR OBSTRUCTION IN PUBLIC WAY OR LINE OF NAVIGATION

OFFENCE:

• Doing any act or omitting to take order,
• Of any property, in his possession or under his charge,
• Causing danger, obstruction or injury,
• To any person in any public way or public line of navigation

PUNISHMENT:

• Fine, which may extend to 200 Rupees.

SECTION 284:  NEGLIGENT CONDUCT WITH RESPECT TO POISONOUS SUBSTANCE

OFFENCE:

• Any act, committed with any poisonous substance,
• In manner-
  • So rash or negligent,
  • As to endanger human life, or to be likely to cause hurt or injury to any person.

OR

• In order-
  • Knowingly or negligently omits to take such order,
  • With any poisonous substance, in his possession,
  • Order, which would have been sufficient to guard against any probable danger human life from such poisonous substance.

PUNISHMENT:

• Imprisonment, which may extend to 6 months,
• Fine, which may extend to 1000 Rupees,
• Both

SECTION 285: NEGLIGENT CONDUCT WITH RESPECT TO FIRE OR COMBUSTIBLE MATTER

OFFENCE:

• Any act, committed with fire or any combustible matter,
• In manner-
  • So rash or negligent,
  • As to endanger human life, or to be likely to cause hurt or injury to any other person.

OR

• In order-
  • Knowingly or negligently, omits to take such order,
  • With any fire or any combustible matter in his possession,
  • Order, which would have been sufficient to guard against any probable danger to human, life from such fire or combustible matter.

PUNISHMENT:

• Imprisonment, which any extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 286: NEGLIGENT CONDUCT WITH RESPECT TO EXPLOSIVE SUBSTANCE

OFFENCE:

• Any act, committed with any explosive substance,
• In manner-
  • So rash or negligent,
  • As to endanger human life, or to be likely to cause hurt or injury to any other person.

OR   

• In order-
  • Knowingly or negligently, omits to take such order,
  • With any explosive substance in his possession,
  • Order, which would have been sufficient to guard against any probable danger to human, life from the substance.

PUNISHMENT:

• Imprisonment, which any extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 287: NEGLIGENT CONDUCT WITH RESPECT TO MACHINERY

OFFENCE:

• Any act, committed with any machinery,
• In manner-
  • So rash or negligent,
  • As to endanger human life, or to be likely to cause hurt or injury to any other person.

OR   

• In order-
  • Knowingly or negligently, omits to take such order,
  • With any machinery in his possession or under his care,
  • Order, which would have been sufficient to guard against any probable danger to human, life from such machinery.

PUNISHMENT:

• Imprisonment, which any extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 288: NEGLIGENT CONDUCT WITH RESPECT TO PULLING DOWN OR REPAIRING BUILDINGS

OFFENCE:

• While, pulling down or repairing any building,
• Knowingly or negligently, omits to take such order,
• With such building,
• Order, which would have been sufficient to guard against any probable danger to human life from the fall of that building or any part thereof

PUNISHMENT:

• Imprisonment, which any extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 289: NEGLIGENT CONDUCT WITH RESPECT TO ANIMAL

OFFENCE:

• Knowingly or negligently, omits to take such order,
• With any animal in his possession,
• Order, which would have been sufficient to guard against any probable danger to human life or any probable danger of grievous, hurt from such animal.

PUNISHMENT:

• Imprisonment, which any extend to 6 months or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 289A: FEEDING OF MONKEYS IN PUBLIC PLACE

OFFENCE:

• Throwing eatables,
• In public place, except those notified by the State Government in official Gazette,
• Thereby entice monkeys to assemble to such place for taking eatables,
• Which could result in-
  • Causing danger to human life or to be likely to cause injury or
  • Causing annoyance to the public or to the people in general or
  • Cause hindrance in smooth running of vehicular traffic.

PUNISHMENT:

• Imprisonment, which any extend to 1 month or
• Fine, which may extend to 1000 Rupees or
• Both

SECTION 290: PUNISHMENT FOR PUBLIC NUISANCE IN CASE NOT OTHERWISE PROVIDED FOR

OFFENCE:

• Committing, a public nuisance,
• In any case, not otherwise punishable by this code.

PUNISHMENT:

• Fine, which may extend to 200 Rupees.

SECTION 291: CONTINUANCE OF NUISANCE AFTER INJUNCTION TO DISCONTINUE

OFFENCE:

• Repeating or continuing, a public nuisance
• Even after receiving injunction, of not to repeat or continue such nuisance, by any pubic servant, who has lawful authority, to issue such injunction.

PUNISHMENT:

• Simple imprisonment, which may extend to 6 months,
• Fine or
• Both

SECTION 292: SALE, etc. OF OBSCENE BOOKS, etc.

FORM OF OBSCENITY

• Book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object plus
• Deems to be obscene, if:
  • It is lascivious or appears to prurient interest or
  • Its effect (where it comprises two or more distinct items, the effect of any one of its item, if taken as a whole), tends to-
    • Deprave and corrupt,
    • Persons who are likely, having regard to relevant circumstances, to read, see or hear the matter contained or embodied in it.

WHO IS SAID TO HAVE COMMITTEED OFFENCE, WHOEVER

I. SELLS OR POSSESSES

• Sells, lets to hire, distributes, publicity exhibition or circulation anyhow or
• For purpose of selling, letting on hire, distribution, publishing or circulating:
  • Makes or
  • produces or
  • possesses any obscene object, in form of:
    • Book,
    • Pamphlet,
    • Paper,
    • Drawing,
    • Painting,
    • Representation,
    • Figure or
    • Any other object.

II. CONVEYS

• Imports, exports or conveys any of the above mentioned abscene objects or
• Have knowledge or reason to believe, that such objects will be ultimately:
  • Sold,
  • Let to hire,
  • Distributed,
  • Publicly exhibited or
  • Circulated

III. RECEIVES PROFIT

• Takes part in or receives profit knowingly or with reason to believe that such business is having a course with obscene objects in-
  • Making (manufacturing),
  • Producing,
  • Purchasing,
  • Keeping,
  • Importing,
  • Exporting,
  • Conveying,
  • Publishing or
  • Circulating.

IV. ADVERTISING

• Advertising or makes anyone know by any means that:
  • Any person is engaged or ready to engage in any act , to be an offence under this section or
  • Any person could himself or through means, make you procure, any of such obscene objects.

V. ATTEMPTS

• Any act , to be an offence of this section-
  • Offered or
  • Attempted.

PUNISHMENT:

• Any of the above people would be punished with-
  • For first conviction:
    • Imprisonment, which may extend to 2 years and
    • Fine, which my extend to 2000 Rupees
  • For second subsequent conviction:
    • Imprisonment, which may extend to 5 years and
    • Fine, which may extend to 5000 Rupees.

EXCEPTIONS:

• Any book, pamphlet, paper, writing, drawing, printing, representation or figure, could not be charge under this section if:
  • Justifies to be published for public good, as it to be in the interest of-
    • Science,
    • Literature,
    • Art,
    • Learning,
    • Other objects of general concern or
    • Which is kept or used bona fide for religious purposes.
• Any representation sculptured, engraved, painted or otherwise represented on or in-
  • Any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or
  • Any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

SECTION 293: SALE, etc. OF OBSCENE OBJECTS TO YOUNG PERSON

OFFENCE:

• Selling, let to hire, distributes, exhibits or circulates, offers or attempts to do so,
• Any such obscene object (under section 292)
• To any person under age of 20 years.

PUNISHMENT:

• For first conviction-
  • Imprisonment, which may extend to 3 years and
  • Fine, which may extend to 2000 Rupees
• For second subsequent conviction-
  • Imprisonment, which may extend to 7 years and
  • Fine, which may extend to 5000 Rupees.

SECTION 294: OBSCENE ACTS AND SONGS

OFFENCE:

• Annoying anyone through-
• Does any obscene act in any place or
• Sings, recites or utters any obscene song, ballad or words, in or near any public place

PUNISHMENT:

• Imprisonment, which may extend to 3 months or
• Fine or
• Both

SECTION 294A: KEEPING LOTTERY OFFICE

OFFENCE 1:

• Keeping any office or place for purpose of drawing any lottery except-
• State lottery or
• Lottery authorized by the State Government.

PUNISHMENT:

• Imprisonment, which may extend to 6 months or
• Fine or
• Both

OFFENCE 2:

• Publishing any proposal to-
  • Pay any sum or
  • Deliver any goods or
  • To do or forebear doing anything for the benefit of any person and
• On any event or contingency relative or applicable to drawing of any ticket, lot, number or figure in any such lottery.

PUNISHMENT:

• Fine, which may extend to 1000 Rupees